Alhaji Kaloko, CSC Docket No. 2020-1872

Appellant's argumentAlhaji Kaloko requests to file a late application for the open competitive examination for Construction and Maintenance Technician 5 (S0017B), Statewide.

BackgroundThe S0017B examination at issue was announced with requirements that had to be met as of the January 6, 2020 closing date. There were 112 applicants and the list has not yet promulgated. The appellant is employed by the Department of Transportation serving provisionally in the subject title. Agency records indicate that the appellant started to file his application using the Online Application Systems (OAS) on December 16, 2019, but did not complete the process. Additionally, agency records indicate that he contacted the OAS support team on January 8, 2019.

Appellant's argumentOn appeal, the appellant states that he mistakenly confused the save button with the submit button while attempting to submit the application using the OAS. Additionally, he explains that he was having financial difficulties, which made it difficult for him to have the money to pay for his application fee. Further, the appellant indicates that he attempted to make payment on January 6, 2020, but he experienced difficulties with his mobile device. After numerous attempts, he contacted his supervisor, who instructed him to e-mail OAS. However, this agency informed him that his application could not be accepted as his e-mail was sent on January 8, 2020, which was after the closing date.

CONLCUSION

RuleN.J.A.C. 4A:4-2.1(e) provides that applications must be filed no later than the announced filing deadline. N.J.A.C. 4A:1-1.2(c) states that the Civil Service Commission (Commission) may relax a rule for good cause in order to effectuate the purposes of Title 11A, New Jersey Statutes.

AnalysisIn this matter, a review of agency records indicates that the appellant started completing his application on December 16, 2019, well before the January 6, 2020 closing date. Further, the appellant explains that he mistakenly thought that the save button was the submit button, which implies that the appellant thought that he submitted his application prior to the January 6, 2020 closing date. Additionally, he explains that he was having financial difficulties in coming up with the application fee, but did attempt to make payment with his mobile device on the closing date. However, he was unable to do so as he was experiencing technical issues. Subsequently, as the appellant is serving provisionally in the subject title, he contacted his supervisor, who advised him to e-mail OAS. However, his outreach to OAS was on January 8, 2020, which was after the closing date.1 The Commission notes that the dual purpose of the Civil Service system is to ensure efficient public service for State and local governments and to provide appointment and advancement opportunities to Civil Service employees based on their merit and abilities. These interests are best served when more, rather than fewer, individuals are presented with employment opportunities. See Communications Workers of America v. New Jersey Department of Personnel, 154 N.J. 121 (1998). Under these circumstances, the Commission finds that the appellant should be allowed to apply for the subject examination. Therefore, the Commission finds that there is good cause to relax N.J.A.C. 4A:4-2.1(e) and allow the appellant’s application to be processed for prospective employment opportunities.

This determination is limited to the instant matter and does not provide precedent in any other matter.

ORDER

It is ordered that this request be granted, and the appellant’s application should be processed for prospective employment opportunities.

ClosingThis is the final administrative determination in this matter. Any further review should be pursued in a judicial forum.

1 It is noted that Agency Services now has the appellant’s $25 application processing fee and his completed hand-written application.